The First Amendment to the U.S. Constitution states that Congress shall make no law abridging the freedom of speech or the right to peaceable assembly. This law applies to states (and cities) as a result of the adoption of the
The First Amendment to the U.S. Constitution states that Congress shall make no law abridging the freedom of speech or the right to peaceable assembly. This "law" applies to states (and cities) as a result of the adoption of the Fourteenth Amendment. In reliance on the First Amendment, a group of gays and lesbians apply for a permit to march on Gay Freedom Day. Similar parades in other cities have been calm and orderly, but the police chief denies a parade permit to this group.
Construct two arguments, one supporting the position of the group, the other supporting the position of the police chief. There are three controlling cases in this jurisdiction:
Lester v. City: Police seized an art collection displayed in a public park, because it depicted heterosexuals in nude poses. The court ruled that the display was protected by the First Amendment.
Byron v. City: Police denied a parade permit to a Nazi group that wanted to march on Hitler's birthday. The court ruled that the denial violated the group's rights under the First Amendment.
Stone v. City: Police closed down a theater showing an erotic gay film, because they claimed that the film promoted the spread of AIDS. The court ruled that the action of the police was allowed under the First Amendment.
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- Tutor Answer
In support of the group note the fact that the Gay Freedom Day parade involves sexual expression just as Lester s paintings did and Lester s First Ame…View the full answer
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